Establishment Of Expert Testimony In Civil Procedure Law In China

With increasing development of the modern science and technology, the disputes that involved the high technology and solved with science and technology means are more and more increased, such as the pollution of the environment, the trouble of medical treatment, the negative function of medicine, traffic accident etc. The judge that are engaged in the disputes to solve the professional personnel of ministrant law decide the dispute with their legal knowledge, it's not possible and necessary to them to have the technique background. Such are the lawyers, which considered not as the technique advisers of the part, but as the legal advisers of the party. The social divisions of the labour are increasingly complicated and diverse, which leads to the use of the experts providing the proof in the more and more realms. With the use of the expert evidences, experts can help the judge to find out the relations of the cause and affection of the items by the means of extending the feeling to the case of the judge, and help the court to find out the concerning technique, leading to the decision of the fact and the case. Therefore, with the increasing of the science and technology in the society function, it is inevitable to use the expert evidences. The judge is the assize officer of the law, the expert is the judge of technique, they together have the function in litigation processing to solve the disputes. Authentication system of our country is the important part of the expert testimony, which is absorbed the traditional methods of the civil law system, however, the function of actuality in our country have so many problems. The existing the opinion evidences of other experts in our country is another special part of the expert testimony in our country. The Evidence Provisions in the civil procedure formulated by the Supreme People's Court carried in execution since April 1 in 2002, the provision of " having the personnel of specialized knowledge" is the special part, it is a breakthrough of the evidence system in our country and certainly led to the conflict, so we hope to build up an integrated rules of expert testimony to solve the conflict of the conclusion. The introduction section mainly discuss three questions: the request to build up the expert testimony with the development of science and technology, The different expert testimony builded by the tow legal system, if we build up the expert testimony in China, it is coherent to the reform of the methods of trail in our country. The chapter one analyses the present study of expert evidence of civil procedure in China, which based on the quality of the expert, and define to the conceptions of the expert and expert evidence of civil procedure within our country. The author think that we can cancel to authenticated conclusion as the independence legal proof form, establish" expert evidence" exclusively in our proof category, and consider the personnel who authenticates and has the specialized knowledge as expert, the evidences that they put forward such as authenticated conclusion and the opinion proofs is unified in expert evidence. The chapter two emphatically analyses the valuable base that establish expert testimony in civil procedure in China, the author think, with the analysis of the actual situation and legal theory, that it is not only necessary but also can be carried out in practice to establish expert testimony in civil procedure in China. The chapter three mainly deals with the establishment of the expert testimony in civil procedure in China, involved two parts: the principle of the using the expert evidence and the procedure rules. We expect to build up the independence, perfect and united proof system in civil procedure in China. In summary, I think that we can build up expert testimony in civil procedure inChina, involved the important part-authenticate system and indispensable part-the opinion proof of expert, which two parts are the complete system that the complement work in coordination, and adapted the reform of methods of trail in our country that can produce profound influence of the civil procedure in our country.